Section 21 no-fault eviction ended for private rented sector assured tenancies in England on 1 May 2026. This guide explains the transitional rules, existing proceedings and how landlords now seek possession using the reformed Section 8 regime.
Section 21 “no-fault” eviction has been abolished for private rented sector assured tenancies in England. Since 1 May 2026, landlords can no longer serve a new Section 21 notice under the Housing Act 1988.
The change was introduced by the Renters’ Rights Act 2025, which substantially reformed the private rented sector and changed the way landlords recover possession of residential property.
For most private landlords, the practical position is now straightforward: possession must be based on an applicable statutory ground rather than a new Section 21 notice. In most cases this means using the revised Section 8 possession procedure and establishing one or more grounds in Schedule 2 to the Housing Act 1988.
At Knights & Shah Solicitors, we advise landlords and tenants on possession proceedings under the current law in England, including Section 8 notices, rent arrears, landlord occupation, sale of a property, tenancy breaches, antisocial behaviour and defended possession proceedings.
Looking to regain possession after the abolition of Section 21?
Read our Section 8 Notice Solicitors guide or contact our landlord and tenant team for advice on the appropriate possession ground.
Yes.
Section 21 of the Housing Act 1988 previously allowed many private landlords to seek possession of an assured shorthold tenancy without having to establish a tenant breach or other statutory reason for possession. This led to it commonly being described as the “no-fault eviction” procedure.
That changed on 1 May 2026.
Part 1 of the Renters’ Rights Act 2025 came into force for private sector assured tenancies and abolished Section 21 as a route to possession. The reforms also moved most private rented sector assured tenancies onto an assured periodic tenancy system and substantially amended the statutory grounds on which landlords can recover possession.
This means landlords should not use old Section 21 templates or assume that the previous no-fault possession procedure remains available.
No.
A landlord cannot serve a new Section 21 notice for an existing or new tenancy to which the post-1 May 2026 private rented sector regime applies.
If a landlord now needs possession, the first question is not:
“Can I serve Section 21?”
It is:
“Which statutory ground for possession applies to my circumstances?”
That distinction is important because the new system requires landlords to identify and, where proceedings become necessary, establish the legal basis on which possession is sought.
There was a transitional period for landlords who had already served a valid Section 21 notice before the new regime came into force.
The transitional period for starting new Section 21 possession proceedings has now ended. However, Section 21 proceedings properly commenced within the applicable transitional period may continue until those proceedings conclude.
Government guidance confirms that 31 July 2026 was the last date on which a landlord could generally apply to the court for possession relying on a qualifying Section 21 notice served before 1 May 2026.
If a landlord asked the court to issue the possession claim on or before 31 July 2026, the proceedings can continue until concluded.
However, landlords can no longer start a new possession claim now relying upon an old pre-May Section 21 notice merely because that notice was once valid.
Section 21 notice served before 1 May 2026 + court proceedings started in time:
The existing proceedings may continue.
Section 21 notice served before 1 May 2026 + no qualifying proceedings started by the applicable deadline:
The landlord cannot now start a new Section 21 possession claim on that notice.
No Section 21 notice served before abolition:
A new Section 21 notice cannot now be served.
Landlords requiring possession should instead obtain advice about the current Section 8 grounds for possession.
Potentially, yes.
Where possession proceedings were validly commenced within the transitional period, the abolition of Section 21 does not automatically terminate those proceedings.
Government guidance expressly states that where the court was asked to issue the claim by the required deadline, the case can continue until the proceedings have concluded.
However, an existing Section 21 claim may still raise issues concerning:
Landlords and tenants involved in existing transitional Section 21 proceedings should therefore obtain advice on the actual claim rather than assuming that abolition either automatically ends or automatically validates the case.
There is no direct replacement allowing landlords simply to terminate an assured tenancy without identifying a legal reason.
Instead, the reformed system relies principally on Section 8 of the Housing Act 1988 and the statutory grounds for possession in Schedule 2.
The Renters’ Rights Act 2025 significantly reformed those grounds so that landlords can still recover possession in legitimate circumstances – including where they need to sell, wish to occupy the property themselves or house qualifying family members, face serious rent arrears, or need to address particular tenancy breaches or antisocial behaviour.
This makes choosing the correct possession ground considerably more important.
For most private landlords seeking possession under the current assured tenancy regime, Section 8 is now the central statutory possession route.
A Section 8 notice tells the tenant that the landlord intends to seek possession on one or more specified statutory grounds.
Unlike the former Section 21 procedure, the landlord must identify the ground relied upon and, if the tenant does not leave and court proceedings become necessary, provide evidence sufficient to establish the case.
Different grounds have different:
This means a landlord should not simply download a notice, select a ground and hope that it succeeds.
The legal basis for possession should be considered before the notice is served.
Section 8 Notice Solicitors – Grounds, Notice Periods & Possession Proceedings
Potentially, yes.
The abolition of Section 21 does not mean that a landlord can never recover their property.
The revised possession regime includes Ground 1, which can enable possession to be sought where the landlord or qualifying family member requires the property as their home, subject to the statutory conditions being satisfied.
Under the post-May-2026 regime, this is a mandatory possession ground where its requirements are established, but important restrictions apply, including restrictions connected with the early period of the tenancy and the required notice period.
Government guidance currently specifies a four-month notice period for Ground 1 and restricts its use during the first 12 months of a new tenancy.
Potentially, yes.
The revised regime introduced Ground 1A, a mandatory ground intended to enable landlords to seek possession where they genuinely intend to sell the property.
This is an important part of the post-Section-21 landscape.
A landlord should not, however, treat Ground 1A as simply “Section 21 under another name”. Statutory conditions and restrictions apply, and evidence of the landlord’s intention may become important if the claim is challenged.
Ground 1A generally requires four months’ notice, and restrictions apply during the first 12 months of a new tenancy.
The legislation also contains restrictions designed to prevent landlords from relying on certain possession grounds and then immediately re-letting the property contrary to the basis on which possession was obtained.
Rent arrears remain an important basis for possession, but landlords must use the current thresholds and notice periods.
This is an area where many older internet guides are now wrong.
Under the post-1 May 2026 regime, the mandatory serious rent arrears Ground 8 generally requires at least:
three months’ rent arrears where rent is payable monthly, with the statutory threshold needing to be satisfied at the relevant stages of the claim.
The applicable notice period is generally four weeks.
Discretionary rent grounds such as Ground 10 and persistent late payment under Ground 11 may also be relevant depending on the circumstances.
Section 8 is not limited to rent arrears.
Depending upon the facts, possession grounds may be relevant where there is:
The correct ground, notice period and evidence will depend upon the facts.
Where the ground is discretionary, proving that the ground exists may not be enough on its own: the court may also need to be satisfied that making a possession order is reasonable.
This distinction is particularly important after the abolition of Section 21.
Where a mandatory ground is properly established and the applicable statutory requirements are met, the court is required to make a possession order.
Examples can include certain cases involving:
For discretionary grounds, the court retains discretion and generally considers whether it is reasonable to make a possession order.
This can make the quality of the evidence, seriousness and history of the breach, tenant’s response and wider circumstances particularly important.
Our Section 8 Notice Solicitors page explains the current grounds in considerably more detail.
No. Section 21 no longer applies in Wales. Since 1 December 2022, residential renting in Wales has principally been governed by the Renting Homes (Wales) Act 2016. Assured shorthold tenancies were replaced by occupation contracts and the former Section 21 procedure was replaced by the possession procedures under the Welsh legislation.
For relevant periodic standard occupation contracts, a landlord seeking possession without alleging a breach may use a landlord’s notice under section 173 of the Renting Homes (Wales) Act 2016, subject to the statutory requirements and restrictions.
The law in Wales is therefore different from the possession regime applying in England, and landlords should obtain advice based on the location of the property and the type of occupation contract.
Yes.
The abolition of Section 21 did not abolish possession proceedings.
What changed is the legal basis on which landlords generally seek possession.
Under the current system, landlords must establish an applicable statutory possession ground rather than rely on a new Section 21 no-fault notice.
Tenants therefore have greater certainty about why possession is being sought, while landlords retain possession routes where the statutory conditions are met.
If you are considering recovering possession of a privately rented property in England after 1 May 2026, do not begin by using an old Section 21 template.
Instead:
For notices served under the current post-May-2026 regime, landlords should use the current prescribed Form 3A where applicable rather than relying on obsolete pre-reform forms. Government guidance explains the post-1 May possession process.
Do not assume that a notice means you must immediately leave the property.
A possession notice is generally the beginning of a legal process rather than a court order itself.
Depending on the circumstances, issues may arise concerning:
A landlord generally cannot lawfully remove a tenant merely because the notice period has expired. Where the tenant remains, a court possession order and, where necessary, lawful enforcement are ordinarily required.
Although new Section 21 notices have ended, some possession cases commenced during the transitional period may still be progressing through the courts.
Knights & Shah Solicitors can advise landlords and tenants on:
The key question is now often not whether Section 21 used to be available, but what legal route remains available today.
The abolition of Section 21 represents a fundamental change in English private renting.
Previously, many landlords viewed possession strategy as a choice between:
Section 21 – no-fault possession
and
Section 8 – grounds-based possession.
That is no longer the position.
For private sector assured tenancies governed by the new regime, Section 8 and the reformed statutory possession grounds now sit at the centre of landlord possession strategy.
Landlords should therefore understand the relevant ground before serving notice.
Read our Section 8 Notice Solicitors guide
or
Speak to Knights & Shah Solicitors about the appropriate possession route.
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